Bill Text: CA SB730 | 2023-2024 | Regular Session | Amended
Bill Title: Home care aides.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB730 Detail]
Download: California-2023-SB730-Amended.html
|
Amended
IN
Senate
March 30, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 730
| Introduced by Senator Ochoa Bogh |
February 17, 2023 |
An act to amend Section 1796.12 of, and to add Section 1796.13 to, of the Health and Safety Code, relating to home care aides.
LEGISLATIVE COUNSEL'S DIGEST
SB 730, as amended, Ochoa Bogh.
Home care aides.
Existing law, the Home Care Services Consumer Protection Act, provides for the licensure and regulation of home care organizations by the State Department of Social Services and for the registration of home care aides. Existing law authorizes a registered home care aide to provide certain home care services and assistance to a client, including assisting with medication that the client self-administers.
This bill would authorize a registered home care aide to read the client’s blood pressure and body temperature, as specified. The bill would specify that authorized home care services include taking a reading of the client’s digital blood pressure pressure, body temperature,
or oxygen level from a device provided by the client and reporting the reading to the client’s nurse, doctor, or family representative and assisting the client with emptying their colostomy bag, catheter bag, or urostomy bag. The bill would clarify that a home care aide may assist with medication that the client self-administers by opening the container, filling the medication pill box organizer, ensuring that the client is aware of the written medication instructions, and assisting the client in the application of topical medication, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1796.12 of the Health and Safety Code is amended to read:1796.12.
For purposes of this chapter, the following definitions shall apply:(a) “Affiliated home care aide” means an individual, 18 years of age or older, who is employed by a home care organization to provide home care services to a client and is listed on the home care aide registry.
(b) “Child” or “children” means an individual or individuals under 18 years of age.
(c) “Client” means an individual who receives home care services from a registered home care aide.
(d) “Department” means the State Department of Social Services.
(e) “Director” means the Director of Social Services.
(f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or by adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons, even if the marriage has been terminated by death or dissolution.
(g) “Home care aide applicant” means an individual, 18 years of age or older, who is requesting to become a registered home care aide and the department has received and is processing the individual’s complete home care aide application and nonrefundable
application fee.
(h) “Home care aide application” means the official form, designated by the department, to request to become a registered home care aide.
(i) “Home care aide registry” means a department-established and department-maintained internet website of registered home care aides and home care aide applicants, which includes all of the following: the individual’s name, registration number, registration status, registration expiration date, and, if applicable, the home care organization to which the affiliated home care aide or affiliated home care aide applicant is associated.
(j) “Home care organization” means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company,
joint venture, association, or other entity that arranges for home care services by an affiliated home care aide to a client, and is licensed pursuant to this chapter.
(k) “Home care organization applicant” means an individual, 18 years of age or older, or a firm, partnership, corporation, limited liability company, joint venture, association, or other entity where
the individual or individuals applying for the license are 18 years of age or older and are requesting to become a home care organization licensee and the department has received and is processing the complete home care organization application and nonrefundable application fee.
(l) “Home care organization application” means the official form, designated by the department, to request to become a licensed home care organization.
(m) “Home care organization licensee” means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company, joint venture, association, or other entity having the authority and responsibility for the operation or management of a licensed home care organization.
(n) (1) “Home care services” means nonmedical services and assistance provided by a registered home care aide to a client who, because of advanced age or physical or mental disability, cannot perform these services. These services enable the client to remain in the client’s residence and include, but are not limited to, assistance with the following: bathing, dressing, feeding, exercising, personal hygiene and grooming, transferring, ambulating, positioning, toileting and incontinence care, assisting with medication that the client self-administers, housekeeping, meal planning and preparation, laundry, transportation, correspondence, making telephone calls, shopping for personal care items or groceries, companionship, taking a reading of the client’s digital blood pressure
or body temperature from a device provided by the client and reporting the reading to the client’s nurse, doctor, or family representative, taking a reading of the client’s oxygen level from a device provided by the client and reporting the reading to the client’s nurse, doctor, or family representative, and assisting the client with emptying their colostomy bag, catheter bag, or urostomy bag. This subdivision shall not authorize a registered home care aide to assist with medication that the client self-administers that would otherwise require administration or oversight by a licensed health care professional.
(2) For purposes of this subdivision, “assisting with medication that the client self-administers” means all of the following:
includes, but is not limited to, the following nonmedical services:
(A) Opening the medication container.
(B) Filling the medication pill box organizer.
(B)
(C) Ensuring that the client is aware of the written medication instructions.
(C)
(D) Assisting the client in the application of topical medication, if the home care aide uses gloves and applicators as necessary.
(o) “Registered home care aide” means an affiliated home care aide or independent home care aide, 18 years of age or older, who is listed on the home care aide registry.
(p) “Independent home care aide” means an individual, 18 years of age or older, who is not employed by a home care organization, but who is listed on the home care aide registry and is providing home care services through a direct agreement with a client.
If a client is under the supervision of a nurse, a home care aide may read the blood pressure and the body temperature of the client, if the home care aide records that information and provides it to the supervising nurse upon request.
